New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

Commercial Litigation and Arbitration

New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
Commercial Litigation and Arbitration

Joseph Hage Aaronson

Spoliation — Plaintiff (IT Expert) Barred from Offering Documents after Running 5 Programs That Wiped Out Potential Evidence She Fabricated Them — Willfulness vs. Bad Faith — No Adverse Inference But Instruction Jury May Consider Events

Ericksen v. Kaplan Higher Education, LLC, 2015 U.S. Dist. LEXIS 142789 (D. Md. Oct. 21, 2015): Plaintiff Karen Ericksen filed this case against Defendants Kaplan Higher Education, LLC and TESST-KAP, LLC, alleging employment-related violations of federal and Maryland state law.…
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Pleading — Counsel Should Tell Confidential Informants They Will Be Quoted in Complaint and Verify Statements before Using Them — Likely Sanctionable Not to — Rules Don’t Allow “‘See No Evil’ Approach to Pleading’” (Good Quotes)

In re Millennial Media, Inc., Secs. Litig., 2015 U.S. Dist. LEXIS 69534 (S.D.N.Y. May 29, 2015) (Engelmayer, J.): Plaintiffs in this putative securities class action have filed a notice of voluntary dismissal without prejudice, which defendants do not oppose. The…
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Back Surgery as Spoliation? — Maybe, But Not Where Defendant Was Alerted That Surgery Would Be Forthcoming & Failed to Schedule Adverse Medical Exam — No Intent to Deceive or Deprive Defendant of Evidence

Guzman v. Jones, 2015 U.S. App. LEXIS 18373 (5th Cir. Oct. 22, 2015): Melvin Jones and Celadon Trucking Services appeal the district court's denial of their motion for new trial. They argue that the district court erred by admitting evidence …
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Rule 11 and § 1927 Sanctions Denied Where Both Parties Responsible for Multiplication of Proceedings and Movant Could Have Avoided the Costs It Sought to Recover by Acting with Greater Diligence

Nilon v. Natural-Immunogenics Corp., 2015 U.S. Dist. LEXIS 146315 (S.D. Cal. Oct. 28, 2015): I. Introduction and Procedural Background On May 22, 2015, the Honorable Larry A. Burns issued an Order of Dismissal in this case and a Clerk's Judgment…
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Disqualification — Movants Who Are Not Present or Former Clients Lack Standing to Seek Disqualification of Opposing Law Firm (Advocate-Witness Grounds)

Blacktail Mountain Ranch Co., LLC v. Jonas, 2015 U.S. App. LEXIS 13316 (9th Cir. July 30, 2015): Appellants Edwin Jonas (Jonas) and his company, Blacktail Mountain Ranch Co. (Blacktail Mountain) (collectively, [*2]  Plaintiffs), appeal from the district court's dismissal of…
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Recent Articles

Spoliation: Dismissal Under Rule 37(e)(2) and Monetary Sanctions Under Rule 37(e)(1), Implicitly Reading The “Or” Between 37(e)(1) and 37(e)(2) As Conjunctive, Not Disjunctive — Clear Error Standard of Review for District Court’s Intent (= Bad Faith) Finding under 37(e)(2)(C) — Additional Monetary Sanctions Imposed on Claimants under 28 U.S.C. § 1927 and Rule 37(a)(5) — No Right to Jury Determination of Intent under Rule 37(e)(2) — “Substantially Justified” in Rule 37(a)(5) Has Same Meaning As In Equal Access to Justice Act and Thus Rule 11 — Meaning of “Unreasonable and Vexatious” in 7th Circuit

nherent Power Sanction of Dismissal — Preponderance of the Evidence Burden of Proof, Not Clear and Convincing Evidence (7th Circuit)

§ 1927 Sanctions — Must A Lawyer Who Unreasonably and Vexatiously Multiplies Federal Court Proceedings Be Acting “As An Attorney” When Committing the Misconduct To Be Subject to Sanction under § 1927?

Rule 37 Sanctions — Unfamiliarity With Litigation Process Does Not Excuse Intentional Disregard of Court Order — Also Affirming Rule 26(g) Sanctions on Clients and Counsel for False Representations That All Responsive Documents Had Been Produced

Supreme Court: Notice of Appeal Filed After The Original Deadline But Before Reopening by The District Court Is Timely — It Relates Forward to The Date of The Order Making The Appeal Possible — Second Notice of Appeal After Reopening Unnecessary

Rule 37 Default Judgment: Second Circuit’s Four-Factor Test for Imposing Defaults and Three-Factor Test for Lifting Them

Rule 37 Default Judgment — Tenth Circuit Multifactor Test Is Not Exhaustive But a Non-Exclusive List of “Sometimes-Helpful Criteria Or Guide Posts”— Appeal from Preliminary Injunction Mooted by Entry of Permanent Injunction — Difficulty in Collecting Damages Award May Equal Irreparable Injury — A Monetary Award For Past Conduct Does Not Preclude A Permanent Injunction Against Similar Wrongful Conduct Likely To Occur In The Future

RICO: Cover-Up Within Limitations Period of Untimely RICO Violation “Was Merely A Continuation” Of The Original Injury And Could Not Be Used “As A ‘Bootstrap’ To Salvage [The] Time-Barred Claims–Declining to Apply Pinkerton Doctrine to Civil RICO Claims

Inherent Power — Circumstantial Evidence — Fact That Bad Faith May Be Shown by Establishing That Conduct Was So Egregious It Was Necessarily Committed in Bad Faith Does Not Mean That Bad Faith Must Be The Sole Explanation for The Bad Conduct

RICO Causation: Testing Labs’ Misstatements As to Alcohol Tests’ Efficacy Not Communicated to Plaintiffs’ Employers Did Not Cause Plaintiffs’ Professional Harm

Archives
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

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